The copyright infringement lawsuit against the “independent” fan-film production Star Trek: Axanar is a little more than two months away. But now both sides are waiting to find out if their remote chances of ending (or mostly ending) this case before trial will be granted by the judge.

Erin Ranahan, the attorney representing Axanar Productions and its principal Alec Peters, told the federal court in filings Monday that so far, CBS Studios Inc. and Paramount Pictures – the owners of Star Trek – have failed to prove not only that Axanar unlawfully infringed on Star Trek, but that the studios suffered any harm from it.

In fact, Ranahan said, Axanar uses characters so obscure, even the two most recent Star Trek film directors J.J. Abrams and Justin Lin didn’t know who they were. And more, Ranahan says Axanar is considered “fair use” under copyright law, because it’s a parody thanks to its so-called “mockumentary” setting. That style, the attorney said, was part of a short Peters created called Prelude to Axanar, and would have most likely carried over to the planned feature-length film the group was trying to create.